Information and commentary about the struggle for democracy in the African kingdom of Swaziland

Saturday, August 8, 2015

JURISTS SLAM SWAZILAND OVER JAILINGS

The arrest and detention, trial, conviction andsentencing of two
journalists in Swaziland ‘involved
multiple violations of the Constitution ofthe Kingdom of Swaziland,
the African Charter on Human and Peoples’ Rights, thePrinciples and Guidelines
on the Right to a Fair Trial in Africa and theInternational Covenant on
Civil and Political Rights,’ a report from the
International Commission of Jurists (ICJ) has concluded.

Thulani Maseko and Bheki Makhubu, ‘were subjected to unlawful and arbitrary arrest and
detention, including violationof their right to legal counsel and their right to a
public hearing,’ the hard-hitting 112-page report concluded.

The ICJ reported, ‘All aspects of thetrial, including pre-trial
proceedings before the Chief Justice and the trial judge,involved violation of the
right of all defendants to a hearing by an impartialtribunal. The defendants
were improperly convicted, in violation of the right tofreedom of expression.

‘Even
had the convictions been proper, they weresentenced to
disproportionately severe sentences, particularly in the case of thesentences of two years’
imprisonment of Mr Maseko and Mr Makhubu.’

The ICJ added that although the Supreme Court set
aside the conviction it remained the case that Makhubu and Maseko, ‘were arbitrarily deprived of their liberty, including
because from the legitimate exercise of their freedom of expression’.